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Smart Cap Discount – Up to 55% OFF on Unlimited Plans
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Free shipping included
Terms & Conditions
Effective date: 12/04/2024
Terms and conditions for Use for THE Vision Website
These Terms and Conditions (the “Terms and Conditions”) are part of a binding service agreement
between you (“Customer” or “You”) and Vision USA Corp., and its affiliated entities (collectively
referred to as “Vision,” “we,” “us,” or “our”) and govern (i) your use of our website located at
https://getglobalwifi.com/, mobile application, or any other domain names owned and controlled by
Vision (collectively, the “Site”), and (ii) your purchase or rental of our products, which includes,
without limitation, mobile Wi-Fi routers, accessories, or eSIM (collectively, the “Services”). For
purposes of the Terms and Conditions, “Customer” means a person or organization that purchases our
Services available on the Site for private and personal use.
Your service agreement (the “Agreement”) with us includes (a) these Terms and Conditions, (b) our Privacy Policy located at https://getglobalwifi.com/, (c) any user guide or manual that applies to any of our Services, as the same may be provided to you from time to time, (d) the terms or conditions of our Services-plans purely designed for corporate Customers and (e) any other supplemental terms and conditions that we provide or otherwise make available to you. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services provided by or through the Site, and the subject matter of this Agreement.
YOUR USE OF THIS SITE SIGNIFIES YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO THE TERMS, CONDITIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THE TERMS AND CONDITIONS. Please read these Terms and Conditions carefully. If you do not agree to our Terms and Conditions, please do not use our Site. Your only remedy for dissatisfaction with this Site, or any Services, products, content, or other information available on or through this Site, is to stop using the Site and/or those particular Services. As we add new functionality to the Site, we may revise these Terms and Conditions periodically. If we do, we will post the changes here. You acknowledge and agree that it is your responsibility to review this Site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms and Conditions.
Orders and Payment
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Account Registration, Account Cancellation/Termination; Access and Use of the Services
- You may create an account in order to purchase or use our Services on the Site (the “Account”). The Account can be signed in by connecting with a third party provider (such as Facebook, Apple ID, Google+). To access some of the Services on this Site, you are not required to sign up for an Account. However, some features of the Services will require you to register for an Account.
- For the purposes of identity verification to register your Account, we may ask you to present one (1) form of identification, such as US passport, US photo driver license, certificate of citizenship/permanent resident cards, bill from a bank or mortgage company, utility company, credit card company, doctor or hospital, or bank statement or bank transaction receipt showing the bank’s name and mailing address.
- You agree that as condition for the purchase or use of the Services, you will provide Vision with a credit card (the “Payment Cards”) and that you hereby authorize Vision to charge your Payment Cards to collect any fees set forth below.
- By registering, you agree that all information provided in the Account is true and accurate and that you will maintain and update the information as required in order to keep the Account current, complete and accurate. You agree to promptly update your Account and other information, including your e-mail address and Payment Card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- For creating Account you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
- You may never share your Account details with anybody else. You alone are responsible for any activities that occur under your Account, including activities of others to whom you have provided your username or password. In addition, you shall not use your Account to breach security of another Account or attempt to gain unauthorized access to another network or server. You are responsible for notifying Vision immediately of any unauthorized use of your Account or any other breach of security of which you become aware. We will not be liable for any losses caused by any unauthorized use of your Account. You shall have the ability to delete the information of your Account, as described in our Privacy Policy.
- We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Account or anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
- You may cancel your Account at any time (the “Account Cancellation”). To cancel your Account, please contact [email protected] and follow the guidance. Your Account Cancellation shall be effective at the end of the current month by (i) completing the Cancellation Steps on or before the end of the month, (ii) paying any outstanding invoices issued by Vision (as set forth in Article 2.6), and (ii) placing any of our Wi-Fi routers, accessories, and eSIM (collectively, the “Products”) in your possession in the return shipment to Vision (as set forth in Article 4.3) on or before expiration of your Account.
- Vision may suspend or terminate your Account at any time for any breach of the Agreement, or any other reason by giving you written notice of such suspension or termination, with or without cause (the “Account Termination”). If we terminate your Account, you will remain liable for all unpaid dues.
- We reserve the right to bar your access to and use of our Site including your Account, if we have reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information, or for any other reason we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on our Site is sufficient to satisfy any applicable statute of frauds, and no further writing is required.
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Our Plan, Rental Orders, Rental Fee and Rental conditions
- You may rent our Products through this Site. When placing an order for the rental of the Products, you will be required to enter a desired rental start date (“Start Date”) and desired rental end date (“End Date”) (“Rental Term”). If you desire to extend your Rental Term, you shall contact us at least twenty-four (24) hours prior to the End Date.
- At all times, you shall take proper care of the rented Products. Upon the end of Rental Term, Account Cancelation, or Account Termination, you will promptly return the rented Products to Vision in the same condition in which the rented Products was received, with the exception of ordinary wear and tear, and agree to pay for any damage to, unauthorized alteration of, or loss of the rented Products while you were renting the Products. If the rented Products cannot be repaired, or if you fail to return the rented Products or if the rented Products is lost while in your care, whether or not the loss was your fault, by theft, by acts of GOD or any other means, the rented Products will be considered a loss. If there is a loss of rented Products, you will pay Vision the reasonable replacement costs. If collection action is necessary to collect this account, you will pay to Vision the reasonable collection costs and/or reasonable attorney’s fee incurred by Vision.
- Rental fee of our Products for the proposed Rental Term shall be calculated based on the rate schedule posted on the Site, which may be amended without notice, including correction for pricing errors that appear on this website (the “Rental Fee”). To complete an order, you are required to enter your Payment Cards number and pre-pay your Rental Fee plus any applicable taxes, shipping charges, handling fees, and other applicable charges, which will be reflected on the order page prior to payment. By providing the Payment Cards to us, you represent to us that you are an authorized user of the Payment Cards and that you authorize us to charge the Rental Fee and other applicable charges described herein to such Payment Cards. The Payment Cards details will be kept on file until we receive the Products returned by you and all charges that are due are paid. Disputed Payment Cards charges that result in action from our merchant account provider, otherwise known as “chargebacks,” will be your responsibilities, plus any cost of collection if it is found that the charges were valid.
- We may need to verify information you provide before we accept an order and may cancel or limit an order at any time after it has been placed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. If payment of the Rental Fee has already been made and your order is cancelled or limited, we will refund you any payment made for renting the Products that will not be shipped/delivered or cannot be used due to cancellation or limitation of an order.
- The descriptions of, or references to, Products at the Site do not imply endorsement of that Products, or constitute a warranty, by us
- We offer customized plans of our Services only for corporate Consumers (“For Biz Plan”), and to know more about For Biz Plan, please contact [email protected] . In For Biz Plan, postpaid payment transactions are available, and this flexible payment model will be tailored only for corporate Consumers.
- You agree to pay all Rental Fee that we bill you. Upon receipt of our invoice, you are required to fulfill the payment obligations within the deadlines stipulated on the invoice. In the event that you fail to settle an invoice within the specified time frame, Vision may impose interest on overdue amounts at a rate specified in the invoice or as allowed by law. You may also be liable for any damages or additional costs incurred by Vision as a result of your late payment, which includes, without limitation, any administrative costs and legal fees associated with the recovery of debts.
- Taxes, surcharges, and other charges may be applied to your invoice based on the type of Services you have, and your geographical location, among other factors. You are responsible for, and agree to pay, all such taxes and fees imposed upon your use of the Services.
- We may charge an additional Rental Fee, suspend Services, or restrict bandwidth of any data connection in the event we or the local telecommunication provider/network determines, in their sole discretion, that your data usage is excessive. Video-streaming, online gaming, VOIP, FTP, etc. may be causes of excessive data usage. You will continue to be responsible for payment of the Rental Fee even if Services are suspended or restricted for the foregoing reasons.
- Your use of our rented Products will operate only after the Start Date of Rental Term, on condition that you have ordered and purchased the Services in accordance with the terms as set forth in this Article 2. During Rental Term, Vision may provide you with the opportunity to purchase certain of our Services or Products; for more details regarding the purchase opportunities of the Services and Products, please contact [email protected] .
- You acknowledge and agree that the Products are the sole properties of Vision. You have no right, title, or interest in or to the Products except as expressly set forth in these Terms and Conditions. You shall bear all risk of loss, theft, destruction, or damage to the Products from any cause whatsoever during the Rental Term or while the Products are in your possession, custody, or control. You shall, at your expense, keep the Products free and clear of any lien or encumbrance of any nature and shall ensure that Vision’s rights, title and interest in or to the Products is not impaired. Insurance may be available for purchase at an additional charge.
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Payment conditions, Refund request
- Any payment transactions placed on the Site are fulfilled by a third-party payment processing company and we will not be responsible for any misapplied payment transactions.
- The currency of payment is in US Dollars ($).
- If collection action is necessary, we will retain third-party collection company and you will pay to Vision the reasonable collection costs and/or reasonable attorney’s fee incurred by Vision.
- You have the right to ask for a refund or replacement of Products if you are unable to use the Services due to an error or omission by Vision. Such refund request must be made immediately following the date of your receipt of Products. Vision shall have no obligation to issue the refund if Vision is able to resolve your inability to use the Services within twenty-four hours following you having given Vision notice of the issue. You agree to cooperate with Vision to resolve the issue and acknowledge that Vision shall have no obligation to issue any refund if you fail or refuse to do so. To request a refund, please contact [email protected]
- WE DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND WITH RESPECT TO PRODUCTS YOU RENT OR PURCHASE THROUGH THE SITE. YOU AGREE AND ACKNOOWLEDGE THAT THE PRODUCTS IS LISTED ON “AS IS” BASIS. If you purchase the Products through the Site, you shall make the payment of the purchase price of such Products displayed at the time of purchase, plus any applicable taxes and shipping and delivery costs.
- After your purchase of the Products through the Site, you may return the Products if the Products is returned and delivered to Vision within three days from the date of your receipt. The returned Products must be in the same condition in which you received from us. The Products marked as “Final Sale” is not eligible for return.
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Shipping, Return and Change of Products, Order Cancellation or Modification
- All orders are processed and shipped on five days, Monday through Friday, excluding major holidays. Although we may provide delivery or shipment time frames or dates, you understand that those are our good-faith estimates and may be subject to change. We will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. You must provide us with accurate shipping information, so that we can deliver the Products to your address. If you provide us with an invalid shipping address, you are solely responsible for any resulting loss, theft, or damage to the Item.
- In a case where we cannot deliver the Products directly to your shipping address, we will ask you to pick up your Products at the Access Point location we designate at the Site. To pick up the Products, you shall bring a photo ID with your full name and address. Such ID must be government-issued ID, and your name and address must match the original shipping address on the package.
- Upon expiration of the Rental Term or early termination of our Services, you shall return the Products, in good working order and condition, in accordance with our shipping instructions. If you do not return the Products on the End Date or the termination date of our Services, you may be charged an extended rental fee on a per day basis as set forth in the online rate schedule until we confirm receipt of the Products. If we discover that, upon receipt of the returned Products, you failed to maintain the Products in good working order and condition during the Rental Term, we shall notify you and shall charge an additional fee as set forth in the rate schedule at the Site.
- Vision shall not be liable or responsible for any delivery services provided by the third-party couriers such as UPS (the “Couriers”), which we engage from time to time to facilitate delivery of our Products, or any errors or misrepresentations made by such Couriers.
- Before you accept the Products, you will inspect the Products for damages. Your continued use of the Products signifies full satisfaction with the condition of the Products. No claim of prior damage will be accepted unless acknowledged by Vision.
- If you desire to cancel or modify a placed order, you shall immediately contact us at [email protected] comply with our instructions, including, without limitation, the prompt return of the Products. You may be assessed cancellation fees as set forth in the rate schedule at the Site.
Your Rights and Responsibilities for Use of the Site
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Age Restrictions and the Children’s Online Privacy Protection Act
- This Site is intended for use by individuals over the age of 18 years. If you are under 18 years of age, an appropriate legal guardian must act on your behalf for you to use this Site.
- This Site is not directed at individuals under the age of 18 and does not knowingly collect personal information from individuals under the age of 18. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Site. Should you, as a parent or legal guardian of a minor, become aware that a user who is under the age of 18 has provided us with personally identifiable information, as defined in our Privacy Policy, please click here to learn how to have such account, and the information associated with it, removed.
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Restrictions on Use
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You agree and represent you will not use the Site and Services to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;
- upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
- engage in sending “spam” or any other form of solicitation;
- use automated scripts to collect information from or otherwise interact with the Site
- violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
- re-rent, or resell, any Products available in our Site, without our prior written approval.
- You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
- You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Vision. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vision or its affiliates without prior express written consent. You may not use metatags or any other “hidden text” utilizing Vision’s name or trademarks without the express written consent of Vision. Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Vision is strictly prohibited.
- We may restrict and suspend your use of the Services for a certain period of time if you reach any limits or usage restrictions that we establish. We shall not be liable for any damages incurred by you due to any restriction of use under this Article.
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You agree and represent you will not use the Site and Services to:
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Descriptions of Site, Products and Services
- You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, mobile phone and Internet access (including payment of all fees associated with such access).
- The Customer signing up for the Services or Account will be the contracting party for the purposes of the Terms and Conditions. However, if the Customer is signing up the Services (including For BiZ Plan) or Account on behalf of Customer’s employer, Customer’s employer will be the contracting party. As contracting party, Customer or Customer’s employer is solely responsible complying with the Terms and Conditions or the Agreement.
- We reserve the sole right to either modify or discontinue the Site, including any of the Sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services on this Site shall also be subject to these Terms and Conditions.
- Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their items are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any Products, Services, and/or information made in connection with this Site is void where prohibited.
- When using our Services in any country, you agree to comply with all applicable local laws and regulations. Vision may, where required by the local laws and regulations, undertake necessary actions on your behalf to ensure compliance of such laws and regulations.
- Vision employs reasonable network management practices consistent with industry standards to maintain the reliability of its network and minimize network issues , and these practices are subject to change.
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In addition to Article 6 of the Terms and Conditions, You are not allowed to use our Services for:
- Illegal, abusive, threatening or fraudulent purposes;
- Actions generating unusually high usage;
- Uses which consume disproportionate amounts of network capacity, causing harm or adversely affecting the network capacity, its security, data flows, and Vision’s other Customers;
- Accessing the Accounts of others without authority;
- Reselling the Services;
- Using the Services in a way to circumvent any of our policies or violate anyone’s intellectual property rights;
- Uses not in accordance with the Terms and Conditions; and
- Helping other in any of the activities mentioned above.
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User Submissions of Image, Video, Audio Files
- The Site includes Vision social media, located at a third party provider (such as Facebook, X, Pinterest, and Instagram), which pulls content from our users who share any communications or content of any type (such as photos, videos, or audio) using our brand hashtags or tagging (collectively, the “User Content”). You acknowledge and agree that the User Content may be used in our Site, retail locations, e-mails or any other locations Vision owns or operates.
- You agree not to upload or transmit any User Content that infringes or violates any rights of any party. You represent that any such User Content has been taken or recorded by you or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
- You agree that any personally identifiable information (such as name, phone number, or e-mail address) contained in User Content that you submit belongs only to you or your dependents or members of your immediate family and not to anyone else. Uploading User Content like images or video of other people without their permission is strictly prohibited. By uploading and e-mailing any User Content on the Site, you warrant that you have permission from all persons appearing in your User Content for you to make this contribution and grant rights described herein.
- It is strictly prohibited to upload or e-mail User Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
- By uploading any User Content, you grant to Vision a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the User Content as follows: (i) for purposes of providing the Site, Products, and Services; (ii) as permitted or required by law; and (iii) in accordance with our Privacy Policy ,and incorporated by reference into these Terms and Conditions. You agree to indemnify Vision and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content or your failure to comply with the terms described in this Agreement.
Vision’s Rights and Responsibilities
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Links to Other Sites
- The Site may contain links to third party websites, including social media sites. Unless otherwise stated, any links that are provided are not intended to state or imply that Vision sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
- Vision makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the items of the outside sites. If you decide to access linked third party websites, include social media sites, you do so at your own risk. Vision’s liability and responsibility in relation to any information on any third party site or any product purchased through such third party site is expressly limited by the terms of this Agreement.
- The use of any websites controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. Vision expressly disclaims any liability arising in connection with you use and/or viewing of any websites or other material associated with links that may appear on the Site or Services.
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Vision’s Intellectual Property Rights
- The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
- Vision grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
- The logos, and other service marks and service names included on the Site (the “Marks”) are owned or licensed by Vision. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Vision. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Vision.
- The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark-up languages, and all scripts within the Site associated therewith, are Copyright© 2024 Vision USA Corp. All Rights Reserved worldwide. The copyrighted and proprietary property of Vision or its affiliates may not be duplicated or used without Vision’s express prior written consent.
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Materials and User Content
- Subject to our Privacy Policy ,any communication, material, or User Content that you transmit to this Site or e-mail to us, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
- Vision will not be liable for any content posted by third parties, or at the direction of users; you must evaluate the accuracy and usefulness of such content. Vision does not pre-screen content, but Vision and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Site, including the right to remove any content that violates the Terms or is deemed by Vision to be objectionable.
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Notice for Copyright Infringement
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If you or any user of this Site believes any copyright, trademark or other property rights have been infringed
by a posting on this Site, you or the user should send notification to our contact immediately. To be effective,
the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
- Identify the material that you claim is infringing the copyrighted work listed in item i) above
- Provide information reasonably sufficient to permit us to contact you (e-mail address is preferred);
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (e-mail address is preferred);
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
- Sign the paper;
- Send the written communication to the following address:
- You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Designated Agent for Claimed Infringement:
Vision USA Corp. Customer Support Team, Copyright Agent
Address: 200 Broadway 3rd floor New York, NY 10038
E-mail: [email protected] -
If you or any user of this Site believes any copyright, trademark or other property rights have been infringed
by a posting on this Site, you or the user should send notification to our contact immediately. To be effective,
the notification must include:
Release, Indemnification and Disclaimers
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Release
- By using the Site, any Products or Services, you agree to release, discharge and hold harmless Vision and its subsidiaries, affiliates, partners, retailers, distributors and each of their officers, directors, employees and agents from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, any Products or Services, or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site.
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
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Indemnification
You agree to indemnify and hold Vision and its affiliates, subsidiaries, partners, distributors and each of their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Site and/or your use of any Products or Services, including without limitation, any content posted to or transmitted through the Site, or publicly distributed on the web, your use of the Site, your use of any Products or Services, your connection to the Site, your violation of these Terms and Conditions or your violation of any rights of another.
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Disclaimer of Warranties
YOUR USE OF THE SITE, ANY PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VISION MAKES NO WARRANTY THAT (I) THE QUALITY OF ANY PRODUCTS OR ANY SERVICES RENTED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE, (IV) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, VISION MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGEMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE.
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Limitation of Liability
YOUR USE OF THE SITE, ANY PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VISION MAKES NO WARRANTY THAT (I) THE QUALITY OF ANY PRODUCTS OR ANY SERVICES RENTED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (II) THE SITE WILL YOU EXPRESSLY UNDERSTAND AND AGREE THAT VISION AND ANY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE, SERVICES OR ANY PRODUCTS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR PRODUCTS. IN NO EVENT WILL VISION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE FEES YOU HAVE PAID FOR RENTAL Or PURCHASE OF OUR SERVICES OR PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, SERVICES OR PRODUCTS OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES OR PRODUCTS, AS APPLICABLE.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
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Dispute Resolution; Arbitration
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Vision and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to
be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms and Conditions.
- References to “Vision”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. These Terms evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (the “Notice”). The Notice to Vision should be addressed to Vision USA Corp. 200 Broadway 3rd floor New York, NY 10038 (“Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If Vision and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Vision or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Vision is entitled.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Vision and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Vision will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
- The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND VISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE, unless both you and Vision agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if Vision makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Most user concerns can be resolved quickly and to the user’s satisfaction by e-mailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if Vision has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. -
Vision and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to
be broadly interpreted. It includes, but is not limited to:
Miscellaneous Terms
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Modification
Vision may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. Vision may, but is not obligated to, provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage. By continuing to use the Site, Products or Services after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site, Products or Services is subject to the most current version of this Agreement.
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Assignment
We may at any time assign, transfer, change, subcontract or deal in any other manner with all or any of our rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent. You shall not, without our prior written consent, assign, transfer, or delegate your Account, rights and obligations under the Agreement.
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Entire Agreement
These Terms, in conjunction with our Privacy Policy, constitute the entire Agreement between you and Vision with respect to your use of the Site, Products, or Services. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
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Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
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Headings
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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Governing Law
The Site can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, both you and Vision agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof that would produce a different result, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
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Termination
You agree that we may, in our sole discretion, terminate or suspend your use of all or any part of the Site and Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions (especially Article 6 and Article 7.7). Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Customer’s data may not be recovered once his or her Account is terminated or canceled.
In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. -
Contact Information
If you have a comment, question or request, or if you need to contact Vision for any other reason, you may contact us at [email protected] or 200 Broadway 3rd floor New York, NY 10038.
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